CIDMage distribution permissions and end-user license agreement

License Agreement


This is an agreement between you and Whirlwind Software.

TERMS:

1. Distribution Parameters: You may pass copies of the Evaluation version of CIDMage around to friends, co-workers, and so on but you may not distribute the software for profit without authorization. This means that putting the Evaluation version (or any version) of CIDMage on a CD-ROM or a website that has advertising is prohibited. Whirlwind Software reserves the right to grant exceptions to this restriction on a case by case basis.

1a. Curbs on undesirable Software Referral Web Sites: Notwithstanding Term 1a (Distribution Parameters), no web site may distribute or provide referral links to the Software where the website also: (i) requires users to provide personally identifying information (including email address) in order to be allowed to download the software or follow the referral; (ii) requires that authors of distributed or listed software receive newsletters, sales messages, advertising or any other kind of email that is not directly pertinent to the status of the listing; or (iii) uses, lists, distributes, or promotes any software product whose purpose could be construed as chiefly beneficial to activities that are against commonly accepted netiquette, including but not limited to bulk email software (spamware).

1b. Remedies against undesirable Software Referral Web Sites: All Software Referral Web Sites, by referring or listing the Software, execute an agreement with Whirlwind Software that the Web Site will not engage in the three activities listed in term 1a. Web Sites further agree that in the event a breach of this agreement is detected by Whirlwind Software, that a fee of $150,000 USD will be paid immediately to Whirlwind Software as minimal compensation for the damage caused to our reputation by allowing our trademark to be associated with undesirable activity. Aggressive collection action will be employed if a detected web site does not immediately remit this amount.
2. License is Private: You MAY NOT distribute the Licensed version of CIDMage. Whirlwind Software reserves the right to pursue criminal prosecution against any person or group found distributing licensed copies of CIDMage.

Note: Even if you decline this agreement, if you distribute the Licensed version of CIDMageTM you do so at risk of prosecution.

3. Non-Transferable: The Software may not be resold or transferred and may only be used on one computer at a time. If you need to use CIDMage on more than one computer at a time you must purchase a copy for EACH computer.

4 No Warranty: Absolutely no warranty is provided. Except when otherwise stated in writing, Whirlwind Software and/or other parties provide CIDMage "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of CIDMage is with you. Should CIDMage prove defective, you assume the cost of all necessary servicing, repair or correction. In no event will Whirlwind Software and/or any other party acting as an agent or servant of Whirlwind Software be liable to you for damages, including any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use CIDMage (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties or a failure of the program to operate with any other programs), even if you have been advised of th e possibility of such damages, or for any claim by any other party.

5. Liability for Abuse: You assume and accept full responsibility for your actions with respect to this software. This means that if you commit any act with the aid of CIDMage that results in liability against you or Whirlwind Software, you will assume the full risk of liability and will pay all costs, including legal defense, court costs, settlements, and any other related costs not mentioned here. You are prohibited from abusing CIDMage in such a way as to cause distress, injury, embarrassment, or annoyance to any person, and you are prohibited from abusing CIDMage in such a way as to knowingly mislead any person as to your identity.

What that means is that it`s alright for you to use CIDMage, for example, to spoof the name and number of a famous person, but if you then impersonate that famous person and convince the person on the other end that you are that person, you are probably in violation of this license. If you use CIDMage to represent yourself as a police officer, coroner, lawyer, judge, politician etc in order to persuade someone to do or give something that they would not do if they knew it was you, then you are definitely in violation of this license!

6. Venue. In the event of a dispute pursuant to this agreement or in the event of a claim against Whirlwind Software or any of its agents, you agree to service of process in British Columbia and to the exclusive jurisdiction of the courts of the province of British Columbia, Canada.

7. Termination. If you violate any of the terms of this agreement, you forfeit your license to use CIDMage. No refund will be issued.

INDICATION OF AGREEMENT:

By completing the installation of the CIDMage Demo, or by opening the CIDMage CD packaging (by breaking or removing the Whirlwind Software decal), you indicate your agreement to these terms and indemnify and hold harmless Whirlwind Software and its agents, servants, and principals for any and all liability arising from the use of CIDMage on your computer.

You may pass copies of the Evaluation version of CIDMage around to friends, co-workers, and so on but you may not distribute the software for profit without authorization. This means that putting the Evaluation version (or any version) of CIDMage on a CD-ROM or a website that has advertising is prohibited. Whirlwind Software reserves the right to grant exceptions to this restriction on a case by case basis.

In order to avoid associating our trademarks with sleazy websites, all "shareware" websites that require users to register, or that require authors to receive periodic emails, or that list, use, or promote spamming tools are specifically prohibited from distributing this software. Shareware sites that violate this condition agree to pay $150,000 USD to Whirlwind Software upon detection. Aggressive collection action including civil litigation in British Columbia court will be employed.

Unlike other authors, the phrase "case by case basis" is not merely a euphemism for "never". We`re approachable, please do contact us if you want to distribute the CIDMage Demo.

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